Today (Saturday, 12/7/13)  is Day 23 of the Comment Period of IDNR. 

Topic – Chemical Disclosure Report:  Unclear Standards for the Exercise of Discretion by IDNR. 

• Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx

• Click the button: Subpart B: Registration and Permitting Procedures (245.200-245.270).

• In the “Section” dropdown box, click:  245.210 Permit Application Requirements

• Submit your comment/s (below)

• Click “Submit”

Comments:

Problems with this section:

1. First and foremost, Section 245.210 states that every applicant for a permit under this Part “must submit” certain information, including a Chemical Disclosure Report identifying each chemical and proppant anticipated to be used in hydraulic fracturing fluid for each state of the high volume horizontal hydraulic fracturing operations.
2. However, Section 245.210(a)(8) allows an applicant to postpone submission of a Chemical Disclosure Report if it “documents to the Department’s satisfaction why the information is not available at the time the application is submitted […]”

Why these are problems:

1. The criteria for documenting “to the Department’s satisfaction” are subjective, vague, and ambiguous.
2. Fracking operators should not be able to unilaterally determine postponement of chemical disclosure report under any circumstances.  Obviously, if the operator is aware of the chemical they are using there should be no allowance for delay in disclosure to IDNR.  If they do not know what chemicals they are using, that should be an automatic acknowledgment they are not capable of safe operation and not be granted a permit.

Needed changes:

1. INDR must require prior disclosure of all chemicals used in the operation with no exceptions.
2. Non-disclosure in any fashion upon filing the required Chemical Disclosure Report must be determined by the Department as grounds for not approving, or revocation of the permit.

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